Kościół i Prawo 2019-10-16T12:25:31+00:00 Agnieszka Romanko Open Journal Systems <p><span lang="EN-US"><strong>Kościół i Prawo</strong> is a semi-annual journal published by the Faculty of Law, Canon Law and Administration at the John Paul II Catholic University of Lublin in cooperation with the Learned Society of the Catholic University of Lublin. The aim of this journal is to publish scholarly articles concerning canon law and relations between State and Church. The journal gives special attention to Polish particular law. Besides academic articles, the journal also includes book reviews and reports of conferences.</span></p> From the Editor-in-chief 2019-10-16T12:25:31+00:00 Mirosław Sitarz 2019-10-04T00:00:00+00:00 Copyright (c) 2019 Kościół i Prawo Studies in Canon Law in the Depths of Reforms 2019-10-16T12:25:07+00:00 Wiesław Bar <p>The reform of higher education in Poland (2018) affects also studies in canon law (starting from the classification of disciplines). In parallel with the governmental reform, this course of study is being adapted to the norms of Pope Francis’ Apostolic Constitution <em>Veritatis gaudium</em> on ecclesiastical universities and faculties (8.12.2017). In this article, after the question of “what and how to teach” is discussed in Part 1, a&nbsp;panorama of places and levels of education is presented in Part 2. The author discusses the teaching of canon law in the light of the Vatican II work, including the basic principles of the current regulations, drawing on his own experience. He believes that one cannot expect satisfactory results if the canon law reform is introduced administratively, disregarding proper scientific councils of institutes or faculties. Having mentioned “where to study” in the concluding section, he argues that “solutions adopted by individual entities offering courses of study do have and will have a decisive influence on the future of canon law taught as an academic discipline”, as well as in the area of fees and accessibility of university courses to foreigners.</p> 2019-10-04T00:00:00+00:00 Copyright (c) 2019 Kościół i Prawo The Legal Position of Catholic Theological Faculties on the Territory of the Czech Republic since 1950 2019-10-16T12:24:44+00:00 Monika Menke <p>In 1950, Catholic faculties of theology on the territory of the present-day Czech Republic were unilaterally excluded from the university structures by statute, despite their frequent affiliation with universities from the beginning. Until 1990, the only official theological faculty was the Saints Cyril and Methodius Faculty of Theology in&nbsp;Prague, with its seat in Litoměřice (the branch of which was partially located in&nbsp;Olomouc in 1968-1974 as an actually operating facility). The reincorporation of those faculties was not possible until 1990, after the Velvet Revolution. Since then we observe a gradual growth of theological faculties and a search for their unique place within the Czech society. The article recapitulates the process of their isolation and reincorporation in the historical and canon law perspective. However, the Church’s establishment of theological faculties is again one of the many manifestations of the autonomy of the Church and religious organisations, which is guaranteed by law in the current legal order of the Czech Republic.</p> 2019-10-04T10:49:01+00:00 Copyright (c) 2019 Kościół i Prawo Entities Obliged to Raise a Child According to Stefan Cardinal Wyszynski. Selected Issues 2019-10-16T12:24:17+00:00 Agnieszka Romanko <p>The upbringing of the child was the subject of numerous statements by Stefan Cardinal Wyszynski. In this regard, he distinguished three basic communities which had not only rights but above all specific duties in the area of child-raising, namely the family and the State – as communities in the natural order, and the Church, that is, a community in the supernatural order. He called these societies “educational authorities” and emphasized the necessity of their mutual cooperation in the service of every human being.</p> 2019-10-04T10:50:18+00:00 Copyright (c) 2019 Kościół i Prawo A Comparative Legal Analysis of the Lay Christian Faithful in the 1983 Code of Canon Law and in the Code of Canons of the Eastern Churches with Particular Emphasis on the Particular Law of the Syro-Malabar Church 2019-10-16T12:23:49+00:00 Jerin Scaria <p>In the present context of the Universal Church, “the only Corpus Iuris Canonici” is becoming a concrete reality. The Church breathes with two lungs, one in the East and one in the West. The eastern canons supplement the western canons: they do so when a canon refers either to the Latin Church or a Church <em>sui iuris</em> and the when the context makes it clear that the case concerns relations with the Latin Church.</p> 2019-10-04T10:50:51+00:00 Copyright (c) 2019 Kościół i Prawo The Rights of the Child in the 1983 Code of Canon Law. Selected Issues 2019-10-16T12:23:26+00:00 Mirosław Sitarz <p>According to the 1983 Code of Canon Law the child is a minor before the completion of the seventh year, who is considered not to be responsible for itself. The rights of the child stem both from natural legal personality and church legal personality. The 1983 Code legislator regulates rights of the child such as: the right to life, right to the sacraments and right to upbringing.</p> 2019-10-04T10:51:21+00:00 Copyright (c) 2019 Kościół i Prawo The Breach of the Sacramental Seal and the Seal of the Confessional in Church Legislation 2019-10-16T12:23:05+00:00 Krzysztof Kamiński <p>This paper, using the concept of offence as a starting point, elaborates on the issue of direct or indirect violation of the sacramental seal, as referred to in can. 1388 § 1 CIC/83. The author also discusses an offence consisting in the recording with any technical device or dissemination to the media of what was communicated by a confessor or penitent in a sacramental confession, real or false, with malicious intent.</p> 2019-10-04T10:51:51+00:00 Copyright (c) 2019 Kościół i Prawo The Obligation to Refrain from Work in the Light of can. 1247 of the 1983 Code of Canon Law 2019-10-16T12:22:43+00:00 Rafał Kaniecki <p>The article analyzes the obligation to refrain from work, based on the Holy Bible, the canonical tradition, the past and current legislation containing documents produced by ecumenical councils, popes, the various commissions of the Holy See, and also opinions of experts in moral theology and canon law.</p> <p>The first chapter describes the origin and development of this obligation, beginning with the third commandment of the Decalogue and the conduct of early Christians. It&nbsp;should be noted that the first relevant civil law was introduced by Constantine on 1&nbsp;March 321 AD and was subsequently received by church authorities. Both councils and popes reminded Christians of the importance of refraining from work on Sundays and feasts of obligation.</p> <p>The second chapter analyzes the legislation of the previous Code in this field. Can. 1248 CIC/17 was very precise because it enumerated activities which one should avoid. Although this way of presenting the obligation was clear, it lost its theological and ecclesial dimension.</p> <p>The third chapter examines the current legislation concerning the obligation, starting with the Second Vatican Council and analyzing the documents of the Pontifical Commission for the Revision of the Code in order to interpret can. 1247 CIC/83. The chapter also takes into consideration the various documents of the Holy See issued after the promulgation of the current Code.</p> 2019-10-04T10:52:25+00:00 Copyright (c) 2019 Kościół i Prawo Annulment of a Civil Marriage and Declaration of Nullity in the Canonical Process – a Comparative Analysis 2019-10-16T12:22:24+00:00 Daria Aleksandra Cicha <p>Annulment and declaration of nullity of marriage are legal institutions in two separate legal orders but based on similar premises. The purpose of both processes is to show whether a given marriage was validly concluded. As regards similarities, analogy can be shown in the grounds for an application for marriage annulment or an application for a declaration of marriage nullity, locus standi, time limit for bringing an action (or libellus), and regarding the consequences of a judgment annulling a&nbsp;marriage or declaring nullity of a marriage. As regards the first two categories of criteria for the initiation of a process, the following should be specified: marital impediments and defects in the declaration of will. With respect to the former, the church legislator provides for a broader catalogue of impediments, just like in the case of defective declarations of will. The third category specifies different conditions for two processes. Under civil law, this would be defective power of attorney, while under canon law – the lack of the canonical form. However, it should be pointed out that despite these discrepancies, the content of these criteria is in many respects analogous, yet differently systematised by the legislator. The precise determination of differences is important since it helps to systematize the acquired knowledge and precisely point out the characteristics of two separate processes, which are mistakenly regarded as identical.</p> 2019-10-04T10:52:54+00:00 Copyright (c) 2019 Kościół i Prawo The Special Status of Civil Unions in the Canonical Legal Order When Contracted by Catholics and Omitting the Canonical Form 2019-10-16T12:22:02+00:00 Ginter Dzierżon <p>In the presented study, the author focuses on the problem of the special status of civil unions contracted by Catholics but omitting the canonical form in the canonical legal order. In systemic solutions, as regards the confirmation of the unmarried state, they are perceived in terms of <em>matrimonium inexistens</em>, but the possibility of validating such relationships is not excluded.</p> <p>It seems that the existing dichotomous solutions were introduced under the influence of specific conditions in which the Church existed under the Pio-Benedictine Code. According to the author, this was caused by both doctrinal considerations (perceiving a civil union as an improper marriage) and practical reasons, as some Catholics living in such unions wanted to legalize them before the Church.</p> 2019-10-04T10:53:25+00:00 Copyright (c) 2019 Kościół i Prawo Processus brevior coram Episcopo – a Complete Novelty? 2019-10-16T12:21:43+00:00 Wojciech Góralski <p>The establishment of the <em>processus matrimonialis brevior coram Episcopo</em> is a significant change introduced by Pope Francis’ motu proprio <em>Mitis Iudex Dominus Iesus</em>, which is a complete novelty in relation to the legislation in force until recently. This is a&nbsp;special type of marriage annulment proceedings that may apply in cases where the request was made by both spouses or by one of them with the consent of the other and is supported by particularly obvious arguments. In addition to the speed and simplification of the procedure, this process demonstrates the special care and vigilance of the diocesan bishop in relation to his faithful who are concerned about their marital status.An abbreviated process held before a bishop, while constituting a significant novelty in relation to the legislation in force in 2015, is deeply rooted in the canonical tradition, dating back to the first centuries of Christianity.The author first presents the ancient institution of <em>episcopalis audientia</em>, introduced by Emperor Constantine’s edict, sustained by imperial legislation; then the judicial authority of the medieval bishop is discussed (showing that the evolution of the justice system, under which officials emerged, did not exclude in any way the personal exercise of jurisdiction by a bishop), and finally the bishop is presented as a judge in the period from the Council of Trent to CIC/83.The extraordinary nature of the abbreviated trial before a bishop implies, on the one hand, a far-reaching simplification of the procedure, and on the other hand, indicates the central role of the bishop in judicial ministry which he performs as the supreme judge in his particular Church. The abbreviated marital process before a bishop is more like a&nbsp;return to antiquity than an absolute novelty. There is a significant analogy between the ancient institutions of <em>episcopalis audientia</em> and <em>processus brevior</em>. Pope Francis did not merely want to harmonize other methods of exercising <em>potestas iudicandi</em> (in the case of obvious invalidity of marriage) with the already existing procedures, but first of all to restore a more authentic and profound meaning of the mission of the diocesan bishop.</p> 2019-10-04T10:54:00+00:00 Copyright (c) 2019 Kościół i Prawo Aggravation of Penalties under Canon Law and Polish Criminal Law 2019-10-16T12:21:27+00:00 Agnieszka Smoluchowska <p>Canon 1326 § 1 and 2 CIC/83 provides for circumstances that are optional but can result in a harsher punishment of the offender. Regulations which provide for the aggravation of penalties were also incorporated in Article 64 § 1 and 2, Article 65 § 1, Article 57a § 1 and 2, and Article 91 § 1, 2 and 3 of the Penal Code. Both of these systems, however, do not exist in a vacuum. They refer to specific individuals who are simultaneously the faithful of the Catholic Church but also Polish citizens. The presented article is intended to characterize institutions that aggravate penalties and to demonstrate the similarities and differences between the two systems. Therefore, the systems of canon law and civil law contain systematic regulations that are both similar (as in the case of reoffending) and different, the latter being more numerous. The main reason for this is that criminal law is highly abstract law because it addresses all Polish citizens as well as individuals staying on the Polish territory. The regulations are designed to punish the perpetrator in a manner consistent with the expectations of the public as well as to serve preventive and educational objectives that the penalty is to achieve with regard to the offender, and the need to develop legal awareness in society. In contrast, canon law addresses specific entities that are the faithful of the Catholic Church. In addition, it is guided by the principle of clemency of church punishment contained in canon 1349 CIC/83.</p> 2019-10-04T10:54:27+00:00 Copyright (c) 2019 Kościół i Prawo From Blasphemy to Offence, or What does the State Really Protect: God or Religious Feelings? – a Historical and Legal Study 2019-10-16T12:21:04+00:00 Wioleta Wasil <p>The offence against religious feelings has its roots in the offence of blasphemy against God, hence the religious ground of that regulation is undeniable. Considering the above, the imputation that the offence in question is an expression of secularity of the state and that it had nothing to do with religion, especially the Christian religion, should be rejected. Poland is not a confessional state, but in relations with religion it is in a relation of coordinated separation, an eminent example of which is including Art. 196 in the Criminal Code.</p> 2019-10-04T10:54:58+00:00 Copyright (c) 2019 Kościół i Prawo Etymology of the Legal-Canonical, Medical and Theological Terms Used in the Edict of the General Vicar of the Catania Diocese Concerning the Caesarean Section and Bridal Blessing by Vincenzo Maria Paterno’ 2019-10-16T12:20:39+00:00 Artur Katolo <p>The purpose of this article is to present the etymology of the canonical, legal, medical and theological terms used in the 1742 decree of the Vicar General <em>Editto del Vicario Generale della Diocesi di Catania Intorno al Parto Cesareo, e Benedizione Nuziale</em>. The edict was written in the Italian language of the 18th century. The text was translated into English using the original spelling of the document.</p> 2019-10-04T10:55:31+00:00 Copyright (c) 2019 Kościół i Prawo The Impact of the 1925 Concordat between the Apostolic See and the Republic of Poland on the Eparchy of Stanislaviv 2019-10-16T12:20:19+00:00 Mykhailo Klapkiv <p>After the collapse of the Central Powers, the Ukrainian and Polish authorities tried to restore their own states. These attempts were essentially hindered by the ethno-political situation in Galicia, especially after the decision of the Entente on 15 March 1923 to append East Galicia to Poland. The Ukrainian Greek-Catholic Church (UGCC) faced another opportunity and challenge – to cooperate with a new government under different circumstances. Such a geopolitical change led to a kind of legal nihilism concerning Church-State relations, which introduced selective justice. These legal relations should have been resolved by way of a ruling (concordat) between the Apostolic See and the Polish State. The chief preconditions for the drafting of a concordat by the Ukrainian Greek-Catholic Church were: legal uncertainty, financial and economic difficulties, and the sociopolitical issues in society. In this preparatory process, the Byzantine rite Church was led by Metropolitan Šeptytsky, who spoke on behalf of his bishops of Stanislaviv and Przemyśl and the faithful. It was important for the UGCC to clarify the questions of ecclesiastical property, elections of bishops, baptismal certificate, education, and ecclesiastical structures. The agreement, signed on February 10th, 1925, obliged all UGCC bishops to take an oath of allegiance, including Bishop Hryhorij Chomyšyn (1867-1945), to the Polish President and pledge their loyalty to the state.</p> 2019-10-04T10:56:16+00:00 Copyright (c) 2019 Kościół i Prawo Reforms of the Organisation of the Roman Catholic Church in France in 1789-1791 2019-10-16T12:19:47+00:00 Marcin Konarski <p>The article examines the process of reforms in the organisation of the Roman Catholic Church in France, which were implemented during the first period of the Revolution, when the National Assembly made an attempt at introducing state control (étatisation) of the Church. At this time, no signs of overt dechristianisation and atheisation could be seen. The parliamentary reforms affected the organisational, property, and personal affairs of the Church, and culminated in the adoption of the Civil Constitution of the Clergy on 12 July 1790. However, this increased the dissatisfaction of the clergy, who hereto had supported the transformations, and caused a&nbsp;rift within the Church. The legislation on ecclesiastical matters was condemned by Pope Pius VI and caused an increase in anti-revolutionary sentiments, especially locally. The author makes a frequent use of the comparative method for reference only, invoking the solutions used in the area of religious relations in the subsequent years of the Revolution and Napoleon’s rule. These solutions modified the ones discussed in detail in the article.</p> 2019-10-04T10:56:39+00:00 Copyright (c) 2019 Kościół i Prawo